The Library Bulletin

Lawyers in Australia (4th ed) / John Littrich and Karina Murray

Religious beliefs and conscientious exemptions in a liberal state / John Adenitire (ed)

Remedies in Australian private law (2nd ed) / Katy Barnett and Sirko Harder

State and religion : the Australian story / Renae Barker

Born at the right time : a memoir / Ron McCallum

The ouija board jurors : mystery, mischief and misery in the jury system / Jeremy Gans

Victor Windeyer's legacy : legal and military papers / Bruce Debelle (ed)

Assented

Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019 - assented to 28 August 2019. Date of commencement : not in force

Proclaimed

Surveillance Devices Amendment (Statutory Review) Act 2018 No 90 - 28 October 2019 proclaimed as the day on which the Act commences, see proclamation

The Attorney General's Department has released exposure draft religious freedom legislation. The Religious Discrimination Bill 2019, Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019.

Submissions are welcome, see details here.

The deadline for submissions is Wednesday, 2 October 2019.

Fair Work decision highlights Privacy Act obligations for employers by Luke Dale, Clare Raimondo, Daniel Kiley, Jessica Nicholls and Stephanie Leong of HWL Ebsworth - considers Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946

Is a mobile phone a computer? The Federal Court says no by Lucy Cottier, Isobel O'Brien and Lesley Sutton of Gilbert + Tobin - considers Luppino v Fisher (No 2) [2019] FCA 1100

Law Report (ABC) for 27 August presented by Damien Carrick - Is Pell off to the High Court of Australia?

Trusts and insolvency in the High Court : the Carter Holt case presented by Jason Harris, Dr Allison Silink and Carrie Rome-Sievers at the University of Sydney - considers Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20

Australia entering 'second convict age' as imprisonment rates soar by Katharine Murphy of The Guardian

Legal challenge over Sussan Ley's decision to put potential mining jobs at Shenhua Mine before cultural heritage by Isabella Higgins and Sarah Collard of ABC News

Witness K lawyer alleges 'extraordinary unexplained roadblock' in funding his case by Paul Karp of The Guardian

Cruse v State of Victoria [2019] VSC 574 - tort, damages, battery and assault, plaintiff arrested without warrant on suspicion of terrorism offence

Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 1328 - intellectual property, carriage service providers, "whether online locations outside Australia infringed or facilitated the infringement of copyright works"

Rush v Nationwide News Pty Limited (No 9) [2019] FCA 1383 - defamation, application for permanent injunction to restrain republication of the defamation

The NSW Department of Planning, Industry and Environment has released a draft framework for short-term rental accommodation.

They are seeking feedback, the deadline for submissions is 11 September, see details here and here.

Commonwealth law reports, Volume 263(3), August 2019 - in this issue : Gallagher, Re / Hughes v The Queen / Koani v The Queen / Nash [No 2], Re

Federal Court reports, Volume 263(3), August 2019 - in this issue : Akiba v Queensland / EHT18 v Melbourne IVF / Ellison v Sandini Pty Ltd / Taxation, Federal Commissioner of v BHP Billiton Ltd

South Australian state reports, Volume 132(3), August 2019 - in this issue : Attorney-General (SA) v Marmanidis / Green v Ellul (No 3) / Human Services (Cth), Departmet of v Fitzpatrick / North Adelaide Service Partnership v Retail Employees Superannuation Pty Ltd / Pastina Pty Ltd v Hosanna Excelsis One Universal Church Inc / Police v Heintze / R v Ruzehaji

Victorian Bar news, Issue 165, Winter 2019 - in this issue : Cultural intelligence at the Bar Arushan Pillay and Richard Ingleby / Putting your Bar subscription to work Matt Collins / Barristers as trusted advisors to corporate counsel Katherine Lorenz / Giving back to the community : the 2019 Pro Bono Awards / 2019 Victorian Bar dinner / Peter O'Callaghan QC gallery extension Siobhan Ryan / The gallery's new space - the Hartog Berkeley QC room Hon Justice Susan Kiefel QC / Testing their mettle : prospective arbitration professionals moot in Melbourne Caroline Kenny / Launch of United Chambers in Dandenong : access to justice for the Afghani community Roona Nida with Natalie Hickey / Richter and Dunn portrait unveiling Campbell Thompson / Playing for the inaugural Serviceton trophy at Royal Adelaide, returning empty-handed Caroline Paterson / The Flagstaff bell Caroline Paterson / What does the 'Barrister X' saga mean for us? Natalie Hickey with Matt Collins / The mental health benefits and burdens of keeping other people's secrets Natalie Hickey / A barrister's obligations to keep client information confidential Roisin Annesley / Where we come from Colin Golvan QC / Delusions of certitude : an interview with Dr James Raymond Justin Wheelahan / Disruption and innovation in the family law space Talya Faigenbaum and Annette Charak / The more things change the more they stay the same Jack Rush / Back of the lift / A bit about words : the C word Julian Burnside / Secret judge / How can I get the best spot at the Bar table without looking obvious / How storytelling is integral to justice Peter Heerey / Response to Christchurch - towards a federal religious vilification law in the age of technology Jennika Anthony-Shaw / Her name is the marathon and she is dangerous Mark Purvis

Federal police fight court ruling a mobile phone is not a computer by Josh Taylor of The Guardian

Sick leave win for Cadbury shift workers could flow on across Australian workplaces by Alexandra Humphries of ABC News

Whitlam dismissal 'palace letters' case wins right to be heard by high court by Christopher Knaus of The Guardian

Case management and insolvency : matching rhetoric and reality by The Hon Justice Lee at the Association of Independent Insolvency Practitioners Annual Conference

Contract variations – when will a 'practical benefit' be adequate consideration? : Hill v Forteng Pty Ltd [2019] FCAFC 105 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - considers Hill v Forteng Pty Ltd [2019] FCAFC 105

Corporate crime – understanding the playing field by Scarlet Reid, Jason Munstermann, Nathan Roberts and Rosemary Kanan of McCullough Robertson - considers corporate crime

Court diversion for those with psychosis and its impact on re-offending rates : results from a longitudinal data-linkage study by Olayan Albalawi, Nabila Zohora Chowdhury, Handan Wand, Stephen Allnutt, David Greenberg, Armita Adily, Azar Kariminia, Peter Schofield, Grant Sara, Sarah Hanson, Colman O’Driscoll and Tony Butler in BJPsych Open 2019 Jan, 5(1) : e9 - considers court-based diversion systems and liaison services for individuals in the criminal justice system who have mental health problems

Electing to terminate – how long is a "reasonable time" by Scott Watson and Emma Costello - considers Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185

Law and social movements presented by Professor Scott Cummings at the University of Sydney - examines the relationship between law and social movements

Law Report (ABC) for 20 August presented by Damien Carrick - Bullying and sexual harassment in the legal profession

The life of the trial judge – what has or is changing? by The Hon Justice John Middleton at The Samuel Griffith Society 2019 Thirty-First Conference

Palmer v Australian Electoral Commission by Martin Clark on Opinions on High High Court Blog - considers Palmer v Australian Electoral Commission [2019] HCA 24

Power blackouts and climate justice : what are the solutions? presented by Professor Daniel Farber and Professor Robert Verchick at the University of Sydney - considers climate justice

A shield not a sword : High Court sides with ATO in 'Paradise Papers' privilege squabble by Richard Flitcroft, Richard Leder and Camryn Cooper or Corrs Chambers Westgarth - considers Glencore International AG v Commissioner of Taxation [2019] HCA 26

International taxation of trust income : principles, planning and design / Mark Brabazon

Principles of international insolvency (3rd ed) / Philip R Wood

Sir Francis Villeneuve Smith : third Chief Justice of Tasmania 1870-1885 / J M Bennett and Ronald C Solomon

Sir Owen Dixon’s legacy / John Eldridge and Timothy Pilkington (eds)

The state and the body, legal regulation of bodily autonomy / Elizabeth Wicks

A wunch of bankers : a year in the Hayne royal commission / Daniel Ziffer

Awaiting assent

Lake Macquarie Smelter Site (Perpetual Care of Land) Bill 2019 - awaiting assent, 21 August 2019

In Progress

Children's Guardian Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 20 August 2019

Fines Amendment Bill 2019 - in Legislative Assembly, second reading debate, debate interrupted, 22 August 2019

Justice Legislation Amendment Bill 2019 - in Legislative Assembly, awaiting second reading debate, debate adjourned 5 clear days, 21 August 2019

Petroleum (Onshore) Amendment (Coal Seam Gas Moratorium) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned 5 calendar days, 22 August 2019

Reproductive Health Care Reform Bill 2019 - in Legislative Council, consideration in committee of the whole, 21 August 2019

Transport Administration Amendment (RMS Dissolution) Bill 2019 - in Legislative Council, awaiting second reading debate, debate adjourned, 21 August 2019

Notices of Motion

Adoption Amendment (Same Sex Couples Repeal) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Classification (Publications, Films and Computer Games) Enforcement Amendment (Banning Restricted X-rated Films) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Crimes Amendment (Pre-natal Termination) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Drugs and Alcohol Treatment Amendment (Rehabilitation of Persons with Severe Dependence) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Independent Commission Against Corruption Amendment (Protections for Disclosure of Information) Bill 2019 - in Legislative Assembly, notice of motion, 20 August 2019

Liquor Amendment (Harm Reduction Areas) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Liquor Amendment (Health Warning for Pregnant Women) Bill 2019 - in Legislative Council, notice of motion, 21 August 2019

Pregnancy Termination (Information About Pain to Child in Utero) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Pregnancy Termination (Mandatory Counselling) Bill 2019 - in Legislative Council, notice of motion, 20 August 2019

Right to Farm Bill 2019 - in Legislative Assembly, notice of motion, 20 August 2019

Negatived

Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019 - negatived, second reading negatived on division, 22 August 2019

Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138 - industrial law, paid personal/carer's leave entitlement calculation, meaning of the word "day"

Sakellis v Vourlos [2019] NSWSC 1063 - estoppel, proprietary estoppel, estoppel by representation, defendant contends "in early 2009 the plaintiff represented that she would provide him with a house rent-free for the remainder of his life"

District Court law reports, Volume 28(3), August 2019 - in this issue : Bendigo and Adeliade Bank Ltd v Jaeger / Chirstie v Herro t/as Chemist Warehouse Oxford Street (No 1) / Cohen v David / Fitzgerald v Nominal Defendant / Homsi v Pasquale (No 2) / Nati (by his tutor Suzanna Nati) v Nominal Defendant / R v CE / R v El-Kheir / SafeWork NSW v Wagga Motors Pty Ltd / Tzovaras v Williams

Federal Court reports, Volume 263(2), August 2019 - in this issue : BZD17 v Minister for Immigration and Border Protection / McCartney v EB / Mount Isa Mines Ltd v Ship Thor Commander / Plaintiff S111/2017 v Minister for Immigration and Border Protection

Commercial issues in private international law : a common law perspective / Michael Douglas, Vivienne Bath, Mary Keyes and Andrew Dickinson (eds)

Law, lawyers and litigants in early modern England : essays in memory of Christopher W Brooks / Joanne Begiato, Adrian Green and Michael Lobban (eds)

The making of a justice : reflections on my first 94 years / John Paul Stevens

New media and freedom of expression : rethinking the constitutional foundations of the public sphere / Andras Koltay

Of courtiers and kings : more stories of Supreme Court law clerks and their justices / edited by Todd C Peppers and Clare Cushman

The parody exception in copyright law / Sabine Jacques

Pleadings without tears : a guide to legal drafting under the Civil Procedure Rules (9th ed) / William Rose. Revised and updated by Roger Eastman

Protecting personal information : the right to privacy reconsidered / Andrea Monti and Raymond Wacks

The referendum and other essays on constitutional politics / Matt Qvortrup

The Legislative Council Standing Committee on Social Issues is inquiring into the Modern Slavery Act 2018 (NSW), the consultation draft of the Modern Slavery Amendment Bill 2019 and the consultation draft of the Modern Slavery Regulation 2019.

Submissions are welcomed, the closing date for submissions is 4 October 2019, see details here.

Courts taking too narrow a view on whether businesses breaking law, senior judge says by Ben Butler of The Guardian

'It's time' : renewed calls for Australia to adopt a charter of human rights by Keira Jenkins of SBS News

Comcare v Banerji by Martin Clark on Opinions on High High Court Blog - considers Comcare v Banerji [2019] HCA 23

Conversations with Richard Fidler - Jurors behaving badly

Director-General of Security—ASIO and MI5 compared by Nigel Brew on Parliament of Australia FlagPost - examines the directorships of ASIO and MI5

Law Report (ABC) for 13 August presented by Damien Carrick - Is the High Court gagging Australia's public servants?

Legal issues raised by machine learning systems by Luke Dale, Daniel Kiley and Stephanie Leong of HWL Ebsworth - examines machine learning systems

See the final report and executive summary for the ACCC's Digital platforms inquiry here.

Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 - consumer law, alleged contraventions of s 128 of National Consumer Credit Protection Act 2009 (Cth)

Glencore International AG v Commissioner of Taxation [2019] HCA 26 - legal professional privilege

Northern Territory v Sangare [2019] HCA 25 - practice and procedure, costs

Palmer v Australian Electoral Commission [2019] HCA 24 - parliamentary elections, counting of votes

Federal Court reports, Volume 263(1), August 2019 - in this issue : Home Affairs, Minister for v Aciek / Perera v GetSwift Ltd

We have a two week trial of Brown on defamation (2nd ed) on our Westlaw AU platform. The title covers Canada, United Kingdom, Australia, New Zealand, United States.

If interested please come to the library to test it out and let us know whether we should subscribe.

Thanks to generous donations a law library has been created in the small cattle town of Normanton, Queensland. Barrister Susan Burton Phillips has been instrumental in co-ordinating the donations.

The driver of the initiative is Andrew Dawes, Community Justice Coordinator of the Lamberr Wungarch Justice Group.

The group has the following aims and objectives :

• Increase Aboriginal and Torres Strait Islander peoples knowledge about the justice system • Support and empower Aboriginal and Torres Strait Islander victims and offenders at all stages of the legal process • Improve the links between Aboriginal and Torres Strait Islander people and statutory workers, police and the courts • Develop community based strategies that provide an alternative to the criminal justice system

In creating the library Andrew said that it was for the future judge of the High Court who will come from Normanton.

If you would like further information please contact Susan

Annotated Fair Work Act and related legislation 2019 edition / Joe Catanzariti, Michael Byrnes, Ian Latham, Erik Young, Oshie Fagir and Justine Turnbull

Annotated family law legislation (5th ed) / Richard Chisholm, Suzanne Christie and Julie Kearney

The art of law in Shakespeare / Paul Raffield

Comparative law of security interests and title finance (3rd ed) / Philip R Wood

Conflict of laws and international finance (2nd ed) / Philip R Wood

The habit of a judge : a history of court dress in England and Wales / Daniel Yazdani

International insolvency : jurisdictions of the world / Philip R Wood

International loans, bonds, guarantees, legal opinions / Philip R Wood

Landmark cases in defamation law / David Rolph (ed)

Liberal democracies and the torture of their citizens / Cyntha Banham

Media law and policy in the internet age / Doreen Weisenhaus